Local Man Charged With DUI; Found Driving With Son, 7, In Truck

June 24, 2010

A Century man is facing child neglect charges after he was accused of driving under the influence while his seven year old son was in the front seat of his vehicle.

Justin Tery Franklin, 28, is charged with misdemeanor counts of driving under the influence and refusal to submit to an alcohol test,and a felony charge of child neglect. He was released from the Escambia County Jail on $3,500 bond.

According to an Escambia County Sheriff’s Office report, Deputy James Gilman spotted Franklin’s white Toyota pickup truck weaving in and out of its lane on Highway 168. Gilman also reported watching it run off the road as Franklin turned onto Highway 4A. Gilman initiated a traffic stop as Franklin turned into a long driveway in the 2700 block of Highway 4A, but Franklin continued about 200 yards down the driveway until he stopped behind a mobile home at the address.

Franklin’s seven year old son was in the front seat of the pickup at the time of the stop, according to the arrest report. Franklin reportedly refused to exit the vehicle and then refused to provide his driver’s license to Gilman. When deputies Scott Mashburn and Steve Kay arrived as backup, Franklin then complied.

Franklin, according to the report, told the deputies that he had “three or four beers” and that he drove to the residence because that is where his seven-year old son was currently living. The son was released to a responsible party.

After failing a field sobriety test, Franklin was placed under arrest and transported to the Escambia County Jail where he refused a blood alcohol test, the report states.

He was also ticketed for failing to use his seat belt, and failing to drive within a single lane.

Franklin is due to appear in court on July 15.

Comments

25 Responses to “Local Man Charged With DUI; Found Driving With Son, 7, In Truck”

  1. Angel on September 23rd, 2010 12:43 pm

    Escambia’s Finest at work! Which one scared him worse Steve or Scott? lol Love you guys! Stay safe out there and yall did a good thing saving tht boys life. Some peple are idiots!

  2. David Huie Green on July 4th, 2010 3:18 am

    REGARDING:
    “. . . don’t you think that if Officer Gilman thought Justin was drunk and followed him for that long, Officer Gilman should have pulled him over a lot sooner, I think the officer should be charged with endangerment (2 counts). . . ”

    Maybe it took him that long to decide he might be impaired.

    AND

    “First off, Justin didn’t take a breathalyzer so you don’t know if he was drunk or not,”

    Please consider: “After failing a field sobriety test, Franklin was placed under arrest and transported to the Escambia County Jail where he refused a blood alcohol test,”

    So we know the one thing which would have proven him to be sober if he actually was, is the one thing he refused to submit to, even though he consented to such tests when he was issued his driver’s license. Look at the bottom line of your drivers license. “Operation of a motor vehicle constitutes consent to any sobriety test required by law.”

    Of course he doesn’t actually have to do it, he just had to promise to do it to get a license. His Constitutionally protected right not to incriminate himself means he doesn’t have to actually let science into the picture. If I were guilty, I wouldn’t allow a test which proved my guilt.

    Since he perjured himself with that promise, I wonder if they can do more than simply refuse to restore his license. (Not that it matters, he’s probably driving down the road right now as you read this.)

    Of course, we aren’t a court of law, so we can assume the worst in this case, just as if we were a court of law we would have to assume the best.

    Please further note there was a field sobriety test administered which he is reported to have failed. With any luck there is also videotape which would show his demeanor to a jury and clear things up quickly.

    David for safe roads, safe children

  3. Tara on July 3rd, 2010 9:27 am

    First off, Justin didn’t take a breathalizer so you don’t know if he was drunk or not, there are other possibilities! I’m not making excuses for him, but small town and even big citiy newspapers publish stories to generate drama and gossip and this is one of those articles. Century doesn’t have enough action going on so the “writers” have to go dig through the podunk stack of police reports for the week! Yeah Justin didnt make the best decision, but don’t you think that if Officer Gilman thought Justin was drunk and followed him for that long, Officer Gilman should have pulled him over a lot sooner, I think the officer should be charged with endangerment (2 counts). The reason Justin refused to give Gilman his liscense is because he was waiting on other officers to arrive. And Justin also stated to Gilman he was coming home to meet the baby sitter to get his son so he could go to work. Oh yeah-did the article mention that Justin has raised this child and cares for him and provides a home.

  4. David Huie Green on June 29th, 2010 4:02 pm

    REGARDING:
    “there are people in this world who can define and label just about anyone according to their own narrow perception of reality.
    You’re WORSE than the Pharisees. You’re a BAPTIST!”

    And you aren’t defining and labeling according to your own perception of reality?

    You call people idiots for not agreeing with you.
    That’s a label.

    You called my pastor mentally retarded, quite possibly even without meeting him.
    That’s a label.

    And you decided I had decided on church-worthiness when I did no such thing. I even pointed out there’s a church for every kind of person. I made it clear not everybody would fit in all of them. You might not enjoy mine, since you are prejudiced against us Baptists, but I’m sure there’s plenty where you would fit right in.

    Besides, the Pharisees weren’t all that bad, just too stuck on themselves. HEY! There’s a possibility for you . . .

  5. whitepunknotondope on June 29th, 2010 2:38 pm

    “That’s fine, Satan’s folks need places to congregate too and some of the bars are too crowded or are closed on Sunday.”

    Has your pastor ever told you you’re an idiot? Probably not as you seem to be cut from the same mentally retarded cloth.

    Thanks for the long explanation about people’s church worthiness David, it’s comforting to know that there are people in this world who can define and label just about anyone according to their own narrow perception of reality.

    You’re WORSE than the Pharisees. You’re a BAPTIST!

  6. David Huie Green on June 25th, 2010 10:52 pm

    REGARDING:
    “. . . some of those same church people are the ones that preach one thing and do another. They’re the ones that go fishing with you and drink the beer out of your cooler. . . . ”

    Remember Jesus told his followers to listen to the scribes and Pharisees and do what they said but not what they did. (Matthew 23:1-3 I think) People were the same back then as they are now.

    There’s all kinds of churches and other religious organizations with all kinds of teachings. Some accept drinking as part of life. Some don’t. Some don’t care what you do as long as you confess each week; I bet those are entertaining.

    Not everybody who goes to church is a member of that church, has not committed to following the teachings–whatever they are–of that church. I’m sure we all love them dearly but there are a few who only come twice a year and are proud of themselves for their heavy sacrifice. They don’t even know what the churches believe–or profess to believe. They just think they shold be there every now and then.

    Some only come for the worship service and have preachers who think their job is to entertain so they never get any real teaching when they go.

    Of the ones who have joined or been accepted into membership, some were liars and did not intend to do what they said. Others meant well but were overwhelmed by assorted temptations. It’s kind of sad when you see the ones who thought joining would make them perfect and then they found they were still themselves afterward. Remember the saying CHRISTIANS AREN’T PERFECT, JUST FORGIVEN. Also remember the term is a loose one with many different meanings to many different folks.

    You’ll notice some folks think churches are places to entertain children, not places for adults. I doubt they’d get much benefit from going. Their parents’ attitude is one of “God is for children, not big boys.” When I grow up, I’ll put Him aside with the tooth fairy. They figure putting it all aside is a sign of growing maturity.

    A whole lot of people go to church to see their boyfriend or girlfriend. They usually sit near the back and whisper, plan, talk and text through the sermons. More than one child was conceived on church grounds. not the church’s fault, just a handy place to do what they intended to do somewhere. (Much like the joke about the naive father who knew his daughter was a good girl because she brought home a new Gideon Bible after every date. If you don’t know where Gideons place Bibles, you won’t get the joke.)

    Some folks go to church to sing or listen to others sing. I’ve seen people go because they could play the piano, quit when they couldn’t. Nothing wrong with that, but don’t expect much more out of them. Some go just because attendance is a requirement to play ball or bowl. (Pray to play)

    The whole concept that churches are places for recreation would be right if it meant re-creation, creation of a better person, not just a place to play. A church which exists solely for entertaining children either has lost its purpose or never had it in the first place. I know of at least one church which was formed because the preacher wanted his own church, and it belonged to him. God was never allowed inside. That’s fine, Satan’s folks need places to congregate too and some of the bars are too crowded or are closed on Sunday.

    Some folks even go to church to make drug deals. It isn’t even anything new, they report that during the Great Revivals of the 1800s, when folks came from miles around and many preachers were preaching nonstop, there were wagons of moonshine to be found, served by lovely ladies who offered other favors for a reasonable fee.

    Remember if you ever find a perfect church, you won’t fit in but you may find one you like or can even grow in. Most people find what they are looking for.

    It’s up to you.

    David of Grace Baptist

  7. Know your neighbor on June 25th, 2010 4:50 pm

    It would be nice if all attended church but some of those same church people are the ones that preach one thing and do another. They’re the ones that go fishing with you and drink the beer out of your cooler. The same ones that you see in a bar and they come running over to make sure, “you didn’t see me”. The same ones will not take your donated pull tabs because they come from beer cans but will take a cash donation from your beer sales. The same ones that take advantage of insider information they learn in church conversation to screw over a community member. Yeah I’ve seen it firsthand what church has done. If you’re truly a good church member and have lived a life such as Jesus, please disregard this message. If not and you know who you are maybe you’ll confess and straighten up.

  8. dnl on June 25th, 2010 3:17 pm

    Regarding

    “Speaking of that…why isn’t there a bowling alley or skating rink for kids in this area?”

    There is plenty of things for kids to do at your local church. I’m sure that any church around where you live would welcome any new attendees(parents included)

    It all starts at home with how much time you spend with your kids and being there to show a good example. It doesn’t guarantee that they won’t get in trouble but it sure gives them a lot better start.

  9. Know your neighbor on June 25th, 2010 8:47 am

    I’ll tell you why towns and communities don’t have something to do for young people. The same people that are always in trouble and in the news are the ones that hang out there. Look at the problems the town of Century has with the community center. The center makes more news than the Civic Center in Pensacola. Don’t expect any bowling alley or movie theater anytime soon. You think its bad now, wait until Flomaton drops its Police Dept.

  10. hoohaa on June 25th, 2010 7:13 am

    green and kevin said it all!

    heed it !

  11. David Huie Green on June 24th, 2010 8:58 pm

    REGARDING:
    “why isn’t there a bowling alley or skating rink for kids in this area?”

    because you didn’t open one

  12. nudo on June 24th, 2010 2:48 pm

    Good for Kevin. See here’s a Guy that got it and changed his life.

  13. Kevin Bethea on June 24th, 2010 1:58 pm

    I have had two DUI’s in my past, there is no excuse for it period!! The best thing that ever happened to me, was for the judge to give me 9 months in jail!! I knew right then that I was finished with drinking and driving. That saved my life, and no telling how many others. You don’t realize when you have 3 or 4 beers, that you are impaired, the alcohol tells you that you are alright, you can make it home. The officers will tell you that no matter how much someone has consumed, the answer is always a couple, or 2 or three!!! This young man made a mistake, and I hope that he learns from it before it’s to late.

  14. Maggie on June 24th, 2010 1:50 pm

    Enjoy giving your two cents???

    He who follows righteousness and mercy
    finds life, righteousness and honor.

    Whoever guards his mouth and tounge
    Keeps his soul from troubles.

    Proverbs 21:21,22

  15. nudo on June 24th, 2010 12:54 pm

    Some of you people on here amaze me. If this Guy or the 3 or 4 a week that’s on here had killed someone you would still defend these idiots. Then you would attack anyone who is not ” without sin” who has something bad to say….why????? Are you all lawyers????

  16. Mom on June 24th, 2010 12:50 pm

    There was definitely an absence of thinking here. I do not drink, but if I did, I would not drive period. Let alone drive with my child in the car with me.

  17. Sweetie on June 24th, 2010 12:40 pm

    To “middle of the week, and drunk”

    In Century, seems that drunks consider every day a weekend day. I have told my son to be careful on the roads (walking home from school) because ANYTIME of day or night in Century is a problem for drunks or those who are high. I know people who are drunk at 7 and 8 in the morning because they haven’t finished drinking from the night before. It’s a real shame, but what a lot of people don’t realize, is Century is just small and I guess a lot of people just don’t feel there is anything else to do.

    Speaking of that…why isn’t there a bowling alley or skating rink for kids in this area?

  18. David Huie Green on June 24th, 2010 11:24 am

    REGARDING:
    “How many of ya’ll have gone to the river and had 3 or 4 beers and driven home with your whole family in the car? . . . get off of his back and get a life.”

    Please consider the report stated:

    “. . . white Toyota pickup truck weaving in and out of its lane on Highway 168. Gilman also reported watching it run off the road . . . ”

    Is that really how you also drive with your family with you and on the road you share with others? How long a life do you want us to have if you are risking killing us every time you feel like it?

    And no, not all of us drive drunk down the road or even drink. Too many have died drunk and killed others while drunk for that to be a favored solution.

    You say, well he wasn’t drunk because it takes (however many) beers to get drunk.

    I say, If he couldn’t keep his truck straight or even stay on the road, I DON’T CARE IF HE WAS STONE COLD SOBER, HE SHOULDN’T HAVE BEEN DRIVING
    .

    David for priorities

  19. Robert on June 24th, 2010 11:13 am

    How many of ya’ll have gone to the river and had 3 or 4 beers and driven home with your whole family in the car? Of course you weren’t drunk because you didn’t feel like you were but legally you were. There is zero tolerance for drinking and driving period. I’m sure all of you have made mistakes so get off of his back and get a life.

  20. no mother or father on June 24th, 2010 10:34 am

    hay enough of that. He did make a terrible choice to drink and drive. Maybe he needs some help. The child is ok and we thank god for that. Thank god that both of them were safe. Don’t judge, unless your are with out sin. Just be thankful

  21. nudo on June 24th, 2010 10:26 am

    Another loser in our area. I bet he used to be a really nice person too. Where are those comments? He hits my wife or family they better keep him in jail…

  22. MOM on June 24th, 2010 10:25 am

    They should add endangerment of a child to his charges. That poor child:(

  23. LTH on June 24th, 2010 9:39 am

    Ok, he can drink, drive, and kill himself if he wants, but if I was in this young boy’s life I’d make darn sure that his dad wasn’t allowed to see him unsupervised, and certainly not allow the young boy to be a passenger in any vehicle driven by this (so-called) father.

  24. Know your neighbor on June 24th, 2010 5:56 am

    Dang, middle of the week and drunk. Couldn’t wait until the weekend to tie one on. What more could a child want in a role model such as Justin.

  25. David Huie Green on June 24th, 2010 5:55 am

    if you gotta drink, you don’t gotta drive

    Even a caveman could comprehend it, they never drove anywhere